Conflicts Issues in Family and Succession Law PDF Download
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Author: Yock Lin Tan
Publisher: MICHIE
ISBN: 9780409996418
Category : Conflict of laws
Languages : en
Pages : 648
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Book Description
Author: Yock Lin Tan
Publisher: MICHIE
ISBN: 9780409996418
Category : Conflict of laws
Languages : en
Pages : 648
Get Book Here
Book Description
Author: Lynn Dennis Wardle
Publisher: Kluwer Law International B.V.
ISBN: 9403545321
Category : Law
Languages : en
Pages : 429
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in the USA covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with the USA. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.
Author: Hans-Georg Berkel
Publisher: Springer
ISBN: 3658243449
Category : Business & Economics
Languages : en
Pages : 152
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Book Description
Family firm research has shown that the cooperative resolution of conflict between the incumbent entrepreneur and his successor is crucial for the survival of the family firm. Dispute resolution research suggests that a third party acting as mediator can provide valuable support to their efforts. Father to Son synthesizes insights from both lines of research to propose when, and how, mediation can contribute to the resolution of family firm succession conflicts. It offers a clear framework to guide family firm members, as well as their advisors, through the succession process.
Author: Jane Murphy
Publisher: Routledge
ISBN: 1351903829
Category : Law
Languages : en
Pages : 1146
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Book Description
Over the past two decades, virtually all areas of family law have undergone major doctrinal and theoretical changes - from the definition of marriage, to the financial and parenting consequences of divorce, to the legal construction of parenthood. An equally important set of changes has transformed the resolution of family disputes. This 'paradigm shift' in family conflict resolution has reshaped the practice of family law and has fundamentally altered the way in which disputing families interact with the legal system. Moreover, the changes have important implications for the way that family law is understood and taught. This volume examines the contours of this paradigm shift in family conflict resolution and explores its implications for family law scholarship and practice. The interdisciplinary compilation includes contributions from lawyers, legal academics, social scientists and mental health professionals. As the articles in the volume demonstrate, the transformation in family conflict resolution holds considerable promise for disputing families, but it also raises a number of challenges. These challenges include concerns about the institutional competence of courts, the surrender of fact-finding and decision-making to individuals without legal training, the loss of autonomy and privacy for family members subject to continuing court oversight and the disjunction between problem-solving justice and authoritative legal norms. By exploring both the promise of the new paradigm and its potential pitfalls, this volume engages family law scholars and offers insights to judges, practitioners and policy makers responsible for serving families in conflict.
Author: Susan N. Gary
Publisher:
ISBN: 9781634255486
Category :
Languages : en
Pages :
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Book Description
An important new resource for attorneys to assist clients in resolving - and avoiding - disputes in an estate planning practiceEstate planners and elder law practitioners are increasingly aware of the availability of mediation as a tool for resolving family disputes. Probate courts around the country are increasingly interested in encouraging parties to try mediation before resorting to litigation. But by the time a dispute reaches the probate court, damage to family relationships may have already occurred.Mediation for Estate Planners: Managing Family Conflict provides the basic tools to understand and employ mediation within an estate planning practice and appreciate the usefulness of these alternative dispute resolution processes. Written by a team of experienced attorneys and mediators, this book can assist lawyers in recommending mediation to clients, either at the planning stage or soon after a dispute surfaces, so that families may be able to resolve disagreements before entrenched positions are established.The issues discussed in this book range from drafting mediation clauses for estate planning documents to using mediation to resolve probate and trust disputes; from bringing in a consultant with mediation training to addressing family business succession to assisting families dealing with guardianship and conservatorship issues; and from using mediation in hospital settings when families face difficult end of life decisions to using mediation to work through disputes between trustees and beneficiaries; and more.Topics are organized in these sections for ease of use and reference:Understanding the essential elements of mediationPractical perspectivesSpecific applications in the estate planning and administration contextMediator as consultant: family business succession planningArbitrationResources for practice, including a Tool Kit, bibliography, and more
Author: Jens Scherpe
Publisher: European Family Law
ISBN: 9781780689845
Category :
Languages : en
Pages : 242
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Book Description
This book brings together a range of views on the reciprocal influences of substantive and private international law in the fields of family and succession law. It outlines some key elements of this interplay in selected jurisdictions and provides a basis for discussion and future work on the reciprocal influences of domestic and European law.
Author: Nwudego Nkemakonam Chinwuba
Publisher: Kluwer Law International B.V.
ISBN: 9403546549
Category : Law
Languages : en
Pages : 468
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Nigeria covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Nigeria. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.
Author: P. Mark Accettura
Publisher: Collinwood Press, LLC
ISBN: 9780966927849
Category : Estate planning
Languages : en
Pages : 0
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Book Description
What is it that drives people to wage war against their own flesh and blood? Veteran estate planning and elder law attorney P. Mark Accettura sets out to answer this question as he provides a comprehensive list of steps will makers, lawyers, and advisors can take to preserve the most valuable legacy of all: the family itself. Accettura's conclusions are aided by five years of research in psychology, psychiatry, and gerontology. The author concludes that the fight for money and things is not about to object or the money itself, but about what they symbolize: importance, love, security, self-esteem, and immortality. Accettura contrasts famously toxic personages like Leona Helmsley and Sumner Redstone with conspicuously philanthropic testators such as Bill Gates, Warren Buffett, and Alfred Nobel. Using the case of philanthropist Brooke Astor as a guide, the author tracks the overlapping phenomena of dysfunctional families, progressive dementia, elder abuse, and probate litigation.
Author: Kenneth G C Reid
Publisher: Oxford University Press
ISBN: 0192590731
Category : Law
Languages : en
Pages : 832
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Book Description
This third volume in a series on Comparative Succession Law concerns the entitlement of family members to override the provisions of a deceased person's will to obtain money or assets (or more money or assets) from the person's estate. Some countries, notably those in the civil law tradition (such as France or Germany), confer a pre-ordained share of the deceased's estate or of its value on certain members of the deceased's family, and especially on the deceased's children and spouse. Other countries, notably those in the common law tradition (such as England, Canada, or Australia), leave the matter to the discretion of the court, the amount awarded depending primarily on financial need. Whichever form it takes, mandatory family provision is both a protection against disinheritance and also, therefore, a restriction on testamentary freedom. The volume focuses on Europe and on countries influenced by the European experience. In addition to detailed treatment of the law in Austria, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Norway, Poland, Scotland, and Spain, the book also has chapters on Australia and New Zealand, South Africa, the United States, Canada, the countries of Latin America, and the People's Republic of China. Some other countries are covered more briefly, and there is a separate chapter on Islamic law. The book opens with accounts of Roman law and of the law in medieval and early-modern Europe, and it concludes with a comparative assessment of the law as it is today in the countries and legal traditions surveyed in this volume.
Author: Maria Gigliola di Renzo Villata
Publisher: Springer
ISBN: 3319762583
Category : Law
Languages : en
Pages : 652
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Book Description
This book presents a broad overview of succession law, encompassing aspects of family law, testamentary law and legal history. It examines society and legal practice in Europe from the Middle Ages to the present from both a legal and a sociological perspective. The contributing authors investigate various aspects of succession law that have not yet been thoroughly examined by legal historians, and in doing so they not only add to our knowledge of past succession law but also provide a valuable key to interpreting and understanding current European succession law. Readers can explore such issues as the importance of a father’s permission to marry in relation to disinheritance, as well as inheritance transactions and private, dynastic and cross-border successions. Further themes addressed by the expert contributors include women’s inheritance rights, the laws of succession for the prince in legal consulting, and succession in the Rota Romana’s jurisprudence.
